2104
Patentable Subject Matter [R-08.2012]

35 U.S.C. 101
Inventions patentable

Whoever invents or discovers any new and useful
process, machine, manufacture, or composition of matter, or any new and useful
improvement thereof may obtain a patent therefor, subject to the conditions and
requirements of this title.

First, whoever invents or discovers an eligible
invention may obtain only ONE patent therefor. This requirement forms the basis for
statutory double patenting rejections when two applications claim the same invention, i.e.
claim identical subject matter. See MPEP § 804 for a full discussion of the
prohibition against double patenting.

Second, a claimed invention must fall within
one of the four eligible categories of invention, i.e., process, machine, manufacture, or
composition of matter, as these categories have been interpreted by the courts. See
MPEP §
2106 for a detailed discussion of the subject matter eligibility
requirements and MPEP §
2105 for special considerations for living subject matter.

Third, a claimed invention must be useful or
have a utility that is specific, substantial and credible. See MPEP § 2107 for a
detailed discussion of the utility requirement.